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Clarification on Article 20A
Indonesia's Patent Law No. 65/2024 introduced in October 2024 Article 20A, which requires all active patent holders to submit an annual statement of patent implementation. While the provision aims to increase transparency and encourage local use of patented technologies, the requirement may be considered burdensome to patent holders. It is debatable if the additional will effectively promote innovation or simply add another administrative procedure.
Recent discussions at the Ministry of Law and Human Rights' Forum Group Discussion on 4 December 2025 have provided clarification. The Patent Office confirmed that the deadline for submitting the working statement will now follow "the end of each protection year" for each patent, rather than a fixed deadline such as 31 December 2025. Submission together with annuity payments is allowed but remains optional. Importantly, working statements will be treated as confidential and inaccessible to third parties. While this clarification helps reduce uncertainty, the practical implications of Article 20A—and how strictly it will be enforced in the future may continue to evolve. For now, we recommend that patent owners prioritise their key patents and consider timely submission of working statements to safeguard enforceability and monitor for any future changes.
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